New Jersey § 40a:21-5
Full text of New Jersey New Jersey Statutes § 40a:21-5, with citation guidance and answers to common questions.
§ 40a:21-5.
a. If the ordinance adopted pursuant to this act shall provide for the exemption from
taxation of improvements to dwellings, it shall require that, in determining the value
of real property, the municipality shall regard the first $5,000 or $15,000 or $25,000,
as the ordinance shall specify, in assessor's full and true value of improvements
for each dwelling unit primarily and directly affected by the improvement in any dwelling
more than 20 years old, as not increasing the value of the property for a period of
five years, notwithstanding that the value of the property to which the improvements
are made is increased thereby. During the exemption period, the assessment on the property shall not be less than
the assessment thereon existing immediately prior to the improvements, unless an abatement
is granted pursuant to subsection b. of this section, or there is damage to the dwelling
through action of the elements sufficient to warrant a reduction. b. An ordinance providing for exemptions for improvements to dwellings may also provide
for the abatement of some portion of the assessed value of property receiving the
exemption as it existed immediately prior to the improvement. An abatement for a dwelling may be granted with respect to that property for a total
of up to five years, but the annual amount of the abatement granted to any single
property shall not exceed 30% of the annual amount of the exemption granted under
the ordinance. The abatement period and the annual percentage of the abatement to be granted shall
be set forth in the ordinance, which may include a schedule providing for a different
percentage of abatement, up to 30%, for each year of the abatement period. c. An ordinance providing for exemptions or abatements, or both, for improvements
to dwellings may also provide for the exemption of some portion of the assessed valuation
of construction of new dwellings or of conversions of other buildings and structures,
including unutilized public buildings, to dwelling use, or both. If so, the ordinance shall require that, in determining the value of real property,
the municipality shall regard a percentage, not to exceed 30%, of the assessor's full
and true value of the dwelling constructed, or conversion alterations made, as not
increasing the value of the property for a total up to five years, notwithstanding
that the value of the property upon which the construction or conversion occurs is
increased thereby. The exemption period and the annual percentage of the exemption to be granted shall
be set forth in the ordinance, which may include a schedule providing for a different
percentage of exemption, up to 30%, for each year of the exemption period. d. An ordinance providing for the exemption of some portion of the assessed valuation
of construction of new dwellings, or of conversions of other buildings and structures
to dwelling use, or both, may also provide for the abatement of some portion of the
assessed value of the property receiving the exemption as it existed immediately prior
to the construction or conversion alteration. An abatement for a dwelling may be granted for a total of up to five years, but
the annual amount of the abatement shall not exceed 30% of the total cost of the construction
or conversion alteration, and the total amount of abatements granted to any single
property shall not exceed the total cost of the construction or conversion alteration. The abatement period and the annual percentage of the abatement to be granted shall
be set forth in the ordinance, which may include a schedule providing for a different
percentage of abatement, up to 30%, for each year of the abatement period.
Frequently Asked Questions About New Jersey § 40a:21-5
What does New Jersey Statutes § 40a:21-5 cover?
Section 40a:21-5 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 40a:21-5?
A common citation format is "New Jersey Statutes § 40a:21-5" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 40a:21-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.